Most in good shape; one location called a potential issue

There are 130 public access sites to water at "road ends" in Leelanau County.

More than half (70) are county road rights-of-way maintained by the Road Commission to the water’s edge – or at least, they’re supposed to be.

The county Road Commission on Tuesday reviewed a list of public road-end access sites to water, which was prepared by assistant manager David Newman.

Since last fall, Newman has documented every county road that ends at a body of water. Newman physically inspected each road end, researched whether there was a court case or agreement in place with adjacent landowners, and took photographs to show the existing condition at the sites.

He compiled all the information into two notebooks.

“The majority of our road ends are in good shape with no problems,” Newman said. But, some are overgrown with trees and weeds and some have been taken over by adjacent property owners. In some cases, he said, all the Road Commission needs to complete is tree removal and maintenance.

The worst example, he said, is an adjacent property encroachment on Harriger Beach Road in Empire Township. The public road ends on the south shore of Little Glen Lake, but an adjacent property owner built an addition to his home that is clearly within the public right-of-way.

Newman said there is a documented agreement on file with the Road Commission concerning the property. The prior landowner had inadvertently put a cement slab within the right-of-way. The agreement states the slab could remain as long as it was not expanded, but since then, the slab was built upon and the property is now for sale.

Before taking action, Newman said he is trying to determine if a land use permit and building permit were issued for the property. What action, if any, the commission takes will be based on whether permits were issued.

Newman said he wanted the Road Commission to reaffirm a road-end policy it approved in August 1991 that states the commission will uphold its past practice of keeping open public access to inland bodies of water and Lake Michigan by maintaining public road ends.

The Road Commission did not reaffirm the policy, but voiced support for continuing its long established practice of defending the county road rights-of-way from encroachments. Newman also recommended the commission put up signs to mark where public rights-of-way exist to help clarify where the public can – and cannot – go.

“I think if we mark where our right-of-way is on these county roads, it will help adjacent property owners know where their property stops. I think that will help cut down on these encroachments,” he said.

The Road Commission will visit some of the road ends on its spring road tour, scheduled for Thursday, April 19.

In other business during its 3 1/2-hour meeting, the commission:

• Approved 2-0, with vice-chairman John Popa abstaining, a recommendation from commission engineer James C. Johnson to charge electric utility companies a $100 permit for each normal weight truck during seasonal weight and speed restrictions. Popa abstained because he works for Consumers Energy.

• Authorized, on a 3-0 vote, management staff to review bids received for road markings, emulsion and signs and award the bids in the best interest of the Road Commission.